Rocky Mountain Bye

There has been a fair amount of discussion about the ethical issues that attorneys may face in representing clients in the medical (and legal in some states) marijuana business.

Colorado leads the way and has what may be a first — an attorney disbarred for misconduct in the representation of a medical marijuana business.

Howver, the reasons for the sanction are not on the cutting edge of client representation

Respondent presented fabricated documents and false statements to the People during a disciplinary investigation, which prevented the disciplinary system from functioning as the Colorado Supreme Court intended that it should. He produced those same documents in the Green‐VisionTek litigation and testified to their authenticity at trial. Because his falsifications and misrepresentations reflect such a complete deviation from the appropriate ethical standards for members of the legal profession, the Hearing Board concludes that Respondent must be disbarred.

The attorney’s client was the seller of the business. He fabricated emails to insert the suggestion that he had so advised the potential buyer.

The false emails initially were produced in response to bar investigation resulting from opposing counsel’s complaint over the attorney’s handling of his secrow account. The emails were then produced in civil litigation. (Mike Frisch)